Manju Manjhi @ Manoj Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6606 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Manju Manjhi @ Manoj Manjhi, aged about 40 years (M) Son Of Late Vishawanth Manjhi, Resident Of Village- Sapahi Britiya Tola, P.S.- Raghunathpur (O.P.), District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-02-2024 Heard Mr. Abhishek Kumar, learned counsel appearing on behalf of the petitioner and Mr. Tarun Prasad Mandal, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Turkauliya P.S. Case No. 253 of 2023 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 337, 338, 225, 427 and 504 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner along with other accused persons named in the FIR had attacked the police force while they were raiding to recover illegal liquor during which, some accused persons were apprehended on the spot and to rescue one accused person, they had attacked the police personnel and damaged the police vehicle.
Patna High Court CR. MISC. No.6606 of 2024(2) dt.17-02-2024 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is neither involved in manufacturing of illicit liquor nor he had damaged the vehicle in question. Due to inimical terms, Chaukidaar of the village has falsely implicated the petitioner in the present FIR. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submission made on behalf of the parties, as well as, nature of allegation made in the FIR and similarly situated accused persons have already been released on bail by different Bench of this Court, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrte, Motihari, East Champaran, in connection with Turkauliya P.S. Case No. 253 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending
Patna High Court CR. MISC. No.6606 of 2024(2) dt.17-02-2024 3/3 against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T